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You are here: Home / Policy Manual / North Carolina Administrative Code (16 NCAC) / 16 NCAC 6C.0313 Policy authorizing LEAs to require criminal history checks of applicants

16 NCAC 6C.0313 Policy authorizing LEAs to require criminal history checks of applicants


ItemDescription
Policy Title16 NCAC 6C.0313 Policy authorizing LEAs to require criminal history checks of applicants
Policy CategoryNC Administrative Code (NCAC)
Policy IDNCAC-6C.0313
Policy Date2000-08-01
Previous Policy Dates10/02/1995, 03/14/1996, 06/01/1996, 05/06/1999
Statutory Reference1995 Session Laws, Chapter 373, Sec.3
Administrative Procedures Act (APA)16 NCAC 6C.0313

.0313 CRIMINAL HISTORY CHECKS

  1. A LEA may obtain criminal history checks on applicants for employment as provided in G.S. 115C-332 and on applicants and current employees as provided in G.S. 114-19.2(a).
  2. A LEA shall not make any employment decision based solely upon the criminal history check (computer printout) provided by the Department of Justice whether provided pursuant to G.S. 115C-332 or G.S. 114-19.2(a).  A LEA shall obtain from the repository of the record a certified copy of an applicant or employee's conviction or shall consult with legal counsel prior to making a final employment decision based on the conviction.
  3. A LEA shall maintain data from a criminal history check from Department of Justice in paper format only, in a locked, secure place, separate from the individual's personnel file.  Only those officials who have been designated by the local board of education as having a need to know the results of a criminal history check may obtain access to the records.  Certified copies of records of convictions are public records and need not be maintained in accordance with this Rule.
  4. In the event the LEA discovers as a result of a criminal history check from Department of Justice that any applicant or employee who possesses a license issued by the SBE has a criminal history, the LEA shall notify in writing the SBE office of legal counsel and shall submit to that office a certified copy of the record of conviction or convictions or information of where to obtain the record of conviction, including the person's name, criminal case number and the county of conviction.  The office of legal counsel may initiate license revocation as appropriate
  5. Nothing in this Rule is intended to prohibit suspension with or without pay or demotion or dismissal pursuant to the provisions of G.S. 115C-325 without any requirement that there be actual conviction of a crime.

 History Note:     Filed as a Temporary Rule Eff. October 10, 1995, For a Period of 180 Days to Expire on April 9; 1996;

                           Statutory Authority 1995 Session Laws, chapter 373, sec. 3;

                           Eff. June 1, 1996;

                           Amended Eff. August 1, 2000.

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